Housing society can’t be forced to participate in cluster development: Bombay HC
The bench was hearing a petition filed by Jawahar Jyoti co-operative housing society at Panchpakhadi in Thane challenging resolution passed Thane Municipal Corporation (TMC) in its general body meeting on December 10, 2018.Updated: Oct 08, 2019 13:36 IST
The Bombay high court on Friday said a co-operative housing society cannot be forced to participate in any development project without its lawful consent, based on a resolution of its properly constituted general body meeting.
The division bench of justice SC Dharmadhikari and justice Gautam Patel said it was wholly impermissible to include property of such a society in any form of development, redevelopment or cluster development project without notice, without opportunity of hearing or without specific consent of the society, based on lawful resolution appropriately carried at its properly convened general body meeting.
The bench was hearing a petition filed by Jawahar Jyoti co-operative housing society at Panchpakhadi in Thane challenging resolution passed Thane Municipal Corporation (TMC) in its general body meeting on December 10, 2018.
The resolution included property of the petitioner society in a cluster development project, although its name did not find a place in any of the 44 urban renewal projects published by the civic body till then.
The society contended that its name was included in a cluster development project only on suggestion of two adjoining housing societies, Rajtara co-operative housing society and Garodia co-operative housing society, both of which have been included in the cluster development project.
The petitioner society’s lawyer, advocate Neeta Karnik, pointed out that its forcible inclusion in the cluster development project would impose unwarranted restrictions on its ownership right over its own property and therefore the resolution was liable to be struck down.
In its reply to the petition, TMC conceded the name of Jawahar Jyoti co-operative housing society was included in the cluster development scheme on a suggestion given by the neighbouring societies, and stated the petitioner society was free to develop its property on its own, if it did not want to participate in the cluster development project and take its benefit.
The bench accepted the statement but clarified that no one can dictate to the petitioner society how their property should be developed or redeveloped or in what proposal or project it should be included, save and except by its lawful consent.
It also clarified that the statement of the civic body meant that the petitioner society will not be included in the cluster development project and any application for development permissions by it will be considered on its own merit.